HomeMy WebLinkAboutResolution - 4735 - Contract - Pharr & Company - Underground Storage Tank Removal - 02/09/1995Resolution No. 4735
February 9, 1995
Item #22
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract and all related documents by and
between the City of Lubbock and Pharr and Company of Lubbock to fiunish and install all
materials as bid for the Underground Storage Tank Removal, which contract is attached hereto,
which shall be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this
ATTEST:
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Betty NC Johnson, ity Secretary
APPROVED AS TO CONTENT:
9th day of February 1995.
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Victor KiIntan, Purchasing Manager
APPROVED AS TO FORM:
Linda L. Chamales, Assistant City Attorney
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February 2, 1995
CITY OF LUBBOCK
SPECIFICATIONS FOR
UNDERGROUND STORAGE TANK REMOVAL
BID #13111
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CITY OF L
Lubbock, Texas
City of Lubbock
P.O. Box 2000
Lubbock. Texas 79457
606-767-2167
Office of
Purchasing
MAILED TO VENDOR:
December 8, 1994
OLD CLOSE DATE:
December 15,1994 @ 2:00 P.M.
NEW CLOSE DATE:
December 22,1994 @ 2:00 P.M.
Bid 013111 • UNDERGROUND STORAGE TANK REMOVAL
ADDENDUM # 1
Please modify or amend Contract Documents as follows:
1. The closing date has been changed from December 15, 1994 to the new closing date of Thursday.
December 22, 1994 @ 2:00 P.M.
2. Additional information regarding this bid will be forthcoming in a subsequent addendum.
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
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City of Lubbock
P.O. Box 2000
Lubbock, Texes 7B457
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Office of
Purchasing
MAILED TO VENDOR:
December 15, 1994
OLD CLOSE DATE:
December 22, 1994 @ 2:00 P.M.
NEW CLOSE DATE:
December 29,1994 @. 2:00 P.AL
Bid #13111- UNDERGROUND STORAGE TANK REMOVAL
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ADDENDUM d2
l Please modify or amend Contract Documents as follows:
1. The closing date has been extended from the old closing date of December 22, 1994, at 2:00 PM
to the new closing date of December 29, 1994, at 2:00 PM
2. Additional information regarding this bid will be forthcoming in a subsequent addendum.
I PLEASE RE PJP-w ONE C0- W Wt TH YOUR BID
YOU
Ron Sheffield
Senior Buyer
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City of Lubbock
P.O. Box 2000
F, NSION
Lubbock, Texas 78457
606-767-2167
MAILED TO VENDOR:
CLOSE DATE:
Office of
Purchasing
December 20, 1994
December 29,1994 a@r 2:00 P.M.
Bia #13111- UNDERGROUND STORAGE TANK REMOVAL
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ADDENDUM # 3
Please modify or amend Contract Documents as follows:
1. The following steel tanks are to be included in the Lump Sum bid:
CFR TRAINING SITE, 6010 Walnut:
A. 1.6,000 gallon diesel tank
B. 1-2,500 gallon diesel tank
FIRE STATION NUMBER 11, 6100 N. Walnut:
A. 1-1,000 gallon diesel tank
B. 1-500 gallon gasoline tank
FIRE TRAINING ACADEMY:
A. Add removal of approximately 750 feet of pipe and test each pipe trace as required by
TNRCC.
LP&L HOLLY AVENUE PLANT:
A. Add removel of approximately 40 feet of pipe and test each pipe trace as required by
TNRCC.
2. All concrete tanks shall be crushed on location and stock piled as required by TNRCC.
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Ron Shufficld
Senior Buyer
PLEASE RETURN ONE COPY WITH YOUR BID
CITY OF LUBBOCK
REQUEST FOR BIDS
FOR
TITLE: UNDERGROUND STORAGE TANK REMOVAL
BID NUMBER 13111
PROJECT NUMBER: 304.9211
CONTRACT PREPARED BY: PURCHASING DEPARTMENT
INDEX
1. NOTICE TO BIDDERS
2. GENERAL INSTRUCTIONS TO BIDDERS
3. BID PROPOSAL - BID FOR LUMP SUM CONTRACTS
4. PAYMENT BOND
S. PERFORMANCE BOND
6. CERTIFICATE OF INSURANCE
7. CONTRACT
8. GENERAL CONDITIONS OF THE AGREEMENT
9. CURRENT WAGE DETERNENATIONS
10. SPECIFICATIONS
11. SPECIAL CONDITIONS
12. NOTICE OF ACCEPTANCE
No Text
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NOTICE TO BIDDERS
BID #13111
Sealed bids addressed to Ron Shuffield, Senior Buyer, City of Lubbock, Texas, will be received at the office of the Purchasing
Manager, Municipal Bldg., 1625 13th St., Room L-04, Lubbock, Texas, 79401, until 2 :00 o'clock p.m. on the 15th day of
December, 1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials and.perform
all work for the construction of the following described project:
UNDERGROUND STORAGE TANK REMOVAL
After the expiration of the time and date above first written, said sealed bids will be opened by the Buyer at his office and
publicly read aloud.
It is the sole responsibility of the bidder to insure that his bid is actually in the office of Purchasing Manager for the City of
Lubbock, prior to the expiration of the date above first written.
The City of Lubbock will consider the bids on the 12th day of January,1995, at the Municipal Building, 1625 13th Street,
Lubbock, Texas, or as soon thereafter as may be reasonably convenient, subject to the right to reject any or all bids and waive any
formalities. The successful bidder will be required to fiunish a performance bond and payment bond in accordance with Article
5160, Vernon's Ann. Civil St., in the amount of 100% of the total contract price in the event that said contract price exceeds
$25,000.00. Said statutory bonds should be issued by a company carrying a current Best tin of B or superior, as the rating of the
bond company is a factor that will be considered in determination of the lowest responsible bidder. If the contract price does not
exceed $25,000.00 the said statutory bonds will not be required. -
Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's or certified check
issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without recourse to
the order of the City of Lubbock in an amount not less than 5% of the total amount of the bid submitted as a guarantee that bidder
will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of the contract to him.
It shall be each bidders sole responsibility to inspect the site of the work and to inform himself regarding all local conditions
under which the work is to be done. It shall be understood and agreed that all such factors have been thoroughly investigated and
considered in the preparation of the bid submitted.
The plans, specifications, proposal forms and contract documents may be examined at the office of the Purchasing Manager
for the City of Lubbock, Lubbock, Texas.
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, which document is specifically referred to
in this notice to bidders. Each bidder's attention is further directed to provision of Article 5159x, Vemon's Ann. Civil St., and the
requirements contained therein concerning the above wage scale and payment by the contractor of the prevailing rates of wages as
heretofore established by owner in said wage scale.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will _
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a pre-bid conference on 7th day of December,1994, at 10:00 o'clock am., in the Purchasing Conference
Room, L-04., Lubbock, Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 162513th Street Room L-04 at least 48 hours in advance of the meeting.
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ADVERTISEMENT FOR BIDS
BID # 13111
Sealed bids addressed to Ron Shuffield, Senior Buyer, Purchasing Department, City of Lubbock, Texas, will be received at
the Purchasing Office, Municipal Building, 1625 13th Street, Room L-04, Lubbock, Texas, 79401 until 2:00 o'clock p.m. on the
15th day of December, 1994, or as changed by the issuance of formal addenda to all planholders, to furnish all labor and materials
and perform all work for the construction of the following described project:
UNDERGROUND STORAGE TANK REMOVAL
After the expiration of the time and date above first written, said sealed bids will be opened in the office of the Buyer and
publicly read aloud.
The plans, specifications, bid forms and contract documents may be examined at the office of the Purchasing Manager for
the City of Lubbock, Texas.
Attention of each bidder is particularly called to the Schedule of General Prevailing Rate of Per Diem Wages included in the
contract documents on file in the office of the Purchasing Manager of the City of Lubbock, Texas. Each bidder's attention is further
directed to the provisions of Article 5159a, Vernon's Ann. Civil St., and the requirements contained therein concerning such wage
scales and payment by the contractor of the prevailing rates of wages as heretofore established by the City of Lubbock.
The City of Lubbock hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement,
minority and women business enterprises will be afforded equal opportunities to submit bids in response to this invitation and will
not be discriminated against on the grounds of race, color, sex, disability, or national origin in consideration for an award.
There will be a prebid conference on the 7th day of December. 1994. at 10:00 a.m., in the Purchasing Conference Room
L-04, Lubbock , Texas.
The City of Lubbock does not discriminate against persons with disabilities. City of Lubbock pre-bid meetings and bid
openings are available to all persons regardless of disability. If you would like bid information made available in a more accessible
format or if you require assistance, please contact the Purchasing Department at (806) 767-2167 (Monday -Friday, 8:00 - 5:00 p.m.)
or 1625 13th Street, Room L-04 at least 48 hours in advance of the meeting.
GENERAL INSTRUCTIONS TO BIDDERS
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GENERAL INSTRUCTIONS TO BIDDERS
t' 1. SCOPE OF WORK
The contractor shall furnish all labor, superintendence, machinery, equipment and all materials necessary to complete this
project in accordance with contract documents for the UNDERGROUND STORAGE TANK REMOVAL.
2. CONTRACT DOCUMENTS
All work covered by this contract shall be done in accordance with contract documents described in the General Conditions.
All bidders shall be thoroughly familiar with all of the requirements set forth on the contract documents for the construction
of this project and shall be responsible for the satisfactory completion of all work contemplated by said contract documents.
3. PLANS FOR USE BY BIDDERS
It is the intent of the City of Lubbock that all parties with an interest in submitting a bid on the project covered by the
contract documents be given a reasonable opportunity to examine the documents and prepare a bid without charge of
forfeiture of deposit. The contract documents, may be examined without charge as noted in the Notice to Bidders.
4. ITM E AND ORDER FOR COMPLETION
The construction covered by the contract documents shall be fully completed within 60 (Sixty) consecutive calendar days
from the date specified in the Notice to Proceed issued by the City of Lubbock to the succe-Mfid bidder.
The Contractor will be permitted to prosecute the work in the order of his own choosing, provided, however, the City
reserves the right to rewire the Contractor to submit a progress schedule of the work contemplated by the contract
documents. In the event the City requires a progress schedule to be submitted, and it is determined by the City that the
progress of the work is not in accordance with the progress schedule so submitted, the City may direct the Contractor to take
such action as the City deems necessary to insure completion of the project within the time specified.
5. PAYMENT
All payments due to Contractor shall be made in accordance with the provisions of the General Conditions of the contract
documents.
6. AFFIDAVPUS OF BILLS PAID
The City of Lubbock reserves the right, prior to final acceptance of this project to require the Contractor to execute an
affidavit that all bills for labor, materials and incidentals incurred in the construction of the improvements contemplated by
the contract documents have been paid in full and that there are no claims pending, of which the Contractor has been
notified.
7. MATERIALS AND WORKMANSHIP
The intent of these contract documents is that only materials and workmanship of the best quality and grade will be
furnished. The fact that the specifications may fail to be sufficiently complete in some detail will not relieve the Contractor
of full responsibility for providing materials of high quality and for protecting them adequately until incorporated into the
project. The presence or absence of a representative of the City on the site will not relieve the Contractor of full
responsibility of complying with this provision. The specifications for materials and methods set forth in the contract
documents provide minimum standards of quality which the Owner believes necessary to procure a satisfactory project.
8. GUARANTEES
All equipment and materials incorporated in the project and all construction shall be guaranteed against defective materials
and workmanship. Prior to final acceptance, the Contractor shall furnish to the Owner, a written general guarantee which
shall provide that the Contractor shall remedy any defects in the work, and pay for any and all damages of any nature
whatsoever resulting in such defects, when such defects appear within ONE year from date of final acceptance of the work
as a result of defective materials or workmanship, at no cost to the Owner (City of Lubbock).
9. PLANS FOR THE CONTRACTOR
The contractor will be furnished one set of plans and specifications, and related contract documents for his use during
construction. Plans and specifications for use during construction will only be furnished directly to the Contractor. The
Contractor shall then distribute copies of plans and specifications to suppliers, subcontractors or others, as required for
proper prosecution of the work contemplated by the Contractor.
10. PROTECTION OF THE WORK
The Contractor shall be responsible for the care, preservation, conservation, and protection of all materials, supplies,
machinery, equipment, tools, apparatus, accessories, facilities, and all means of construction, and any and all parts of the
work whether the Contractor has been paid, partially paid, or not paid for such work, until the date the City issues its
certificate of completion to Contractor. The City reserves the right, after the bids have been opened and before the contract
has been awarded, to require of a bidder the following information:
(a) The experience record of the bidder showing completed jobs of a similar nature to the one covered by the proposed
contract and all work in progress with bond amounts and percentage completed.
(b) A sworn statement of the current financial condition of the bidder.
(c) Equipment schedule.
11. TEXAS STATE SALES TAX
This contract is issued by an organization which qualifies for exemption provisions pursuant to provisions of Article 20.04
of the Texas Limited Sales, Excise and Use Tax Act.
The Contractor must obtain a limited sales, excise and use tax permit which shall enable him to buy the materials to be
incorporated into the work without paying the tax at the time of purchase.
12. PROTECTION OF SUBSURFACE LINES AND STRUCTURES
It shall be the Contractor's responsibility to prosecute the work contemplated by the contract documents in such a way as to
exercise due care to locate and prevent damage to all underground pipelines, utility lines, conduits or other underground
structures which might or could be damaged by Contractor during the construction of the project contemplated by these
contract documents. The City of Lubbock agrees that it will furnish Contractor the location of all such underground lines
and utilities of which it has knowledge. However, such fact shall not relieve the Contractor of his responsibilities
aforementioned. All such underground lines or structures cut or damaged by Contractor during the prosecution of the work
contemplated by this contract shall be repaired immediately by Contractor to the satisfaction of the City of Lubbock, Texas,
at Contractor's expense.
13. BARRICADES AND SAFETY MEASURES
The contractor shall, at his own expense, furnish and erect such barricades, fences, lights and danger signals, and shall take
such other precautionary measures for the protection of persons, property and the work as may be necessary. The
Contractor will be held responsible for all damage to the work due to failure of barricades, signs, and lights to protect it, and
when damage is incurred, the damaged portion shall be immediately removed and replaced by Contractor at his own cost
and expense. The Contractor's responsibility for maintenance of barricades, signs, and lights shall not cease until the date
of issuance to Contractor of City's certificate of acceptance of the project.
1. 14. PLOSIVES
The use of explosives will not be permitted unless written permission to do so is obtained by the Contractor from the City.
r In all cases where written permission is obtained for the use of explosives, the Contractor shall assume full responsibility for
all damage which may occur as a direct or indirect result of the blasting. In addition, in all cases where explosives are
authorized to be used, the Contractor shall use utmost care so as not to endanger life or property and the Contractor shall
further use only such methods as are currently utilized by persons, firms, or corporations engaged in similar type of
construction activity.
Explosive materials shall not be stored or kept at the construction site by the Contractor.
In all cases where explosives are to be used during the construction of the project contemplated by this contract, it shall be
the duty of the Contractor to notify each utility company having structures (above or below the ground) in proximity to the
site of the work of Contractor's intention to use explosives, and such notice shall be given sufficiently in advance to enable
the companies to take such steps as they may deem necessary to protect their property from injury. Such notice, however,
shall not relieve the Contractor of responsibility for any damage resulting from his blasting operations.
15. CONTRACTOR'S REPRESENTATIVE
r The successful bidder shall be required to have a responsible local representative available at all times while the work is in
progress under this contract. The successful bidder shall be required to furnish the name, address and telephone number
where such local representative may be reached during the time that the work contemplated by this contract is in progress.
16. INSURANCE
The Contractor shall not commence work under this contract until he has obtained all insurance as required in the General
Conditions of the contract documents, from an underwriter authorized to do business in the State of Texas and satisfactory
to the City. Proof of coverage shall be famished to the City and written notice of cancellation or any material change will
be provided ten (10) days in advance of cancellation or change. All policies shall contain an agreement on the part of the
insurer waiving the right to subrogation.
The insurance certificates furnished shall name the City as an additional insured and shall further state that all
subcontractors are named as additional insureds, or in the alternative, shall be accompanied by a statement from the
Contractor to the effect that no work on this particular project shall be subcontracted.
17. LABOR AND WORKING HOURS
Attention of each bidder is particularly called to the schedule of general prevailing rate of per diem wages included in these
contract documents. The wage rate which must be paid on this project shall not be less than specified in the schedule of
general prevailing rates of per diem wages as above mentioned. The bidders' attention is further directed to the
requirements of Article 5159a, Vemon's Annotated Civil Statutes providing for the payment of the wage schedules above
mentioned and the bidder's obligations thereunder. The inclusion of the schedule of general prevailing rate of per diem
wages in these contract documents does not release the Contractor from compliance with any wage law that may be
applicable. Construction work under this contract requiring an inspector will not be performed on weekends or holidays
unless the following conditions exist:
(1) The project being constructed is essential to the City of Lubbock's ability to provide the necessary service to its
citizens.
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(2) Delays in construction are due to factors outside the control of the Contractor. The Contractor is approaching the
penalty provisions of the contract and Contractor can show he has made a diligent effort to complete the contract
within the allotted time.
Before construction work requiring an inspector is to be performed on weekends or holidays, the Contractor must notify the
Owner's Representative not less than three full working days prior to the weekend or holiday he desires to do work and
obtain written permission from the Owner's Representative to do such work The final decision on whether to allow
construction work requiring an inspector on weekends or holidays will be made by the Owner's Representative.
In any event, if a condition should occur or arise at the site of this project or from the work being done under this contract
which is hazardous or dangerous to property or life, the Contractor shall immediately commence work, regardless of the day
of the week or the time of day, to correct or alleviate such condition so that it is no longer dangerous to property or life.
is. PAYMENT OF EMPLOYEES AND FILING OF PAYROLLS
The contractor and each of his subcontractors shall pay each of his employees engaged in work on the project under this
contract in full (less mandatory legal deductions) in cash, or by check readily cashable without discount, not less often than
once each week. The Contractor and each of his subcontractors engaged at the site of the work shall not later than the
seventh day following the payment of wages, file with the Owner's Representative, or Engineer, a certified, sworn, legible
copy of such payroll. This shall contain the name of each employee, his classification, the number of hours worked on each '—
day, rate of pay, and net pay. The affidavit shall state that the copy is a true and correct copy of such payroll, that no rebates
or deductions (except as shown) have been made, or will in the future be made from the wages paid as shown thereon. The
Contractor must classify employees according to one of the classifications set forth in the schedule of general prevailing rate
of per diem wages, which schedule is included in the contract documents.
The Contractor shall forfeit as a penalty to the City of Lubbock on whose behalf this contract is made, ten dollars for each _
laborer, workman, or mechanic employed for each calendar day, or portion thereof, such laborer, workman or mechanic is
paid less than the wages assigned to his particular classification as set forth in the schedule of general prevailing rate of per
diem wages included in these contract documents.
19. PROVISIONS CONCERNING ESCALATOR CLAUSES
Proposals submitted containing any conditions which provide for changes in the stated bid price due to increases or
decreases in the cost of materials, labor or other items required for the project will be rejected and returned to the bidder
without being considered.
20. PREPARATION FOR PROPOSAL
The bidder shall submit his proposal on forms furnished by the City. All blank spaces in the form shall be correctly filled in
and the bidder shall state the price both in words and numerals, for which he proposes to do the work contemplated or --
furnish the materials required. Such prices shall be written in ink, distinctly and legibly, or typewritten. In case of
discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If
the proposal is submitted by an individual, his name must be signed by him or his duly authorized agent. If a proposal is
submitted by a firm, association, or partnership, the name and address of each member must be given and the proposal
signed by a member of the firm, association or partnership, or person duly authorized. If the proposal is submitted by a
company or corporation, the company or corporate name and business address must be given, and the proposal signed by an
official or duly authorized agent. Powers of attorney authorizing agents or others to sign proposals must be properly
certified and must be in writing and submitted with the proposal. The proposal shall be executed in ink..
Each proposal shall be enclosed in a sealed envelope, addressed as specified in the Notice to Bidders, and endorsed on the
outside of the envelope in the following manner:
(a) Bidder's name
(b) Proposal for (description of the project).
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Bid proposals may be withdrawn and resubmitted at any time prior to the time set for opening of the bids, but no proposal
may be withdrawn or altered thereafter.
21. BOUND COPY OF CONTRACT DOCUMENTS
Bidder understands and agrees that the contract to be executed by bidder shall be bound and include the following-
(a)
ollowing
(a) Notice to Bidders.
(b) General Instructions to Bidders.
(c) Bidder's Proposal.
(d) Statutory Bond (if required).
(e) Contract Agreement.
(1) General Conditions.
(g) Special Conditions (if any).
(h) Specifications.
(i) Insurance Certificates.
0) All other documents made available to bidder for his inspection in accordancewith the Notice to Bidders.
If Plans and Specifications are too bulky or cumbersome to be physically bound, they are to be considered incorporated by
reference into the aforementioned contract documents.
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BID PROPOSAL
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BID PROPOSAL
LUMP SUM PROPOSAL CONTRACT
DLACE: Lubbock, Texas
DATE: December 29, 1994
-ROJECT NUMBER: #13111- UNDERGROUND STORAGE TANK REMOVAL
Proposal of Pharr Construction Co., Inc d/b/a Pharr & Company _ (hereinafter called Bidder)
Co the Honorable Mayor and City Council City of Lubbock, Texas (hereinafter called Owner)
Gentlemen:
:'he Bidder, in compliance with your invitation for bids for the construction of a
A
UNDERGROUND STORAGE TANK REMOVAL BID #13111 PROJECT 1304.9211
having carefully examined the plans, specifications, instructions to bidders, notice to bidders and all other related contract
locuments and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the
)roposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies; and to
construct the project in accordance with the plans, specifications and contract documents, within the time set forth therein and at the
price stated below. The price to cover all expenses incurred in performing the work required under the contract documents, of which
his proposal is to be a part of is as follows:
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Note: The above quotation includes four (4) soil samples,'if TNRCC requires more, they
will be billed separately, this is per site.
Amount shall be shown in both words and figures. in case of discrepancy, the amount shown in words shall govern.)
Bidder hereby agrees to commence the work on the above project on or before a date to be specified in a written "Notice to
proceed" of the Owner and to fully complete the project within 60 fSirtv) consecutive calendar days thereafter as stipulated in the
specifications and other contract documents. Bidder hereby further agrees to pay to Owner as liquidated damages the sum of
$100.00 (ONE HUNDRED DOLLARS) for each consecutive calendar day in excess of the flint: set forth hereinabove for
)ompletion of this project, all as more fully set forth in the general conditions of the contract documents.
Bidder understands and agrees that this bid proposal shall be completed and submitted in accordance with instruction
dumber 20 of the General Instructions to Bidders.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formality in the bidding.
The Bidder agrees that this bid shall be good and may not be withdrawn for a period of thirty (30) calendar days after the
scheduled closing time for receiving bids.
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The undersigned Bidder hereby declares that he has visited the site of the work and has carefully examined the plans,
7cations and contract docs pertaining to the work covered by this bid, and he further agrees to commence work on or
fordocuments
the date specified in the written notice to proceed, and to substantially complete the work on which he has bid; as provided in
the contract documents.
711 Bidders are required, whether or not a payment or performance bond is required, to submit a cashier's check or certified
LJ=k issued by a bank satisfactory to the City of Lubbock, or a proposal bond from a reliable surety company, payable without
recourse to the order of the City of Lubbock in an amount not less than five percent (5% ) of the total amount of the bid submitted as
tee that bidder will enter into a contract and execute all necessary bonds (if required) within 10 days after notice of award of
contract to him.
Enclosed with this proposal is a Cashier's Check or Certified Check for N/A
'1dlars (S ) ora Proposal Bond in the sum of 5% of total amount bid Dollars (S 5 ),
with it is agreed shall be collected and retained by the Owner as liquidated damages in the event the proposal is accepted by the
Owner and the undersigned fails to execute the necessary contract documents and the required bond (if any) with the Owner within
" (10) days after the date of receipt of written notification of acceptance of said proposal; otherwise, said check or bond shall be
urned to the undersigned upon demand.
Bidder understands and agrees that the contract to be executed by Bidder shall be bound and include all contract documents17
de available to him for his inspection in accordance with the Notice to Bidders.
Pharr Construction Co., Inc. d/b/a
Contractor Pharr ompany
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BY:
John K. Pharr. Vice -President
if Bidder is a Corporation)
NEST:
xer Jackie Miller
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LIST OF SUBCONTRACTORS
Minority Owned
Yes NO
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986857
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
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NO. 108673 U
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KNOW ALL MIEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY. a corpotadon organized and existing
under the lases of the State of Maryland and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Donal Boley, Steve Deal, Laura Espinoza and Staci Gross
of the Cay of Wichita Falls . State of Texas its true and lawful Attomey(s) in -Fact. each in their separate
capacity if more than one is named above. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertaloags, contracts and other
written instruments in the 1 ' , thereof on behalf of the Company in its business of guanateeing the fidelity of persons4 guaranteeing the performance of contracts;
and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by lases
In Witness Whereof. the said UNITED STATES FIDELflY AND GUARANTY COMPANY has caused this. instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Vice President and Assistant Secretary, this 5 th day of August . A.D. 19 94.
UNITED STATES FIDELITY AND GUARANTY COMPANY
soo�vuaa
AV
(Segthed) By.../........
a Senior vice President
S ' x
Assistant Secrecay
TATE OF MARYLAND)
SS
BALTIMORE CITY )
outhis 5th dayof August .AA 19 94.berforemepersonallyame Robert J. Lamendola
Senior vice President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Paul D Sims . Assistant
Secretary of said Company, with both of wbom I= personally acquainted, who being by we severally duly sworn. aid, that they, the said Robert J.
Lamendo la and Paul D. Sims were respectively the Senior Vice President and the Assistant secretary of
the said UNITED STATES FIDEL.TTY AND GUARANTY COMPANY. the corporation described hn and which execuard the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was to affixed by order of the Board of Directors
of said corporation, and that they signed their names thereto by like order as Senior Vice President and Assistant Secretary, respectively, of the Company.
My Commission expires the 11th day it March AML 19 95 .
j IIOfMR '.a.4 . .. . ..... I. • : 1 .. %'1�'1�4i� I[.. T.T.TT
( �
NOTARY Pvh3uc
ACRS
This Power of Attamey is granted under and by authority of the following Resolutions adopted by the Board of Directors of the UNITED STATES
FIDELITY AND GUARANTY COMPANY on September 24.1992:
RESOLVED. that in connection with the fidelity and surety insurance business of Me Company, all bonds. undertakings, contracts and other instruments
relating to said business may be signed, executed. and acknowledged by persons or entities appointed as Attorney(s)win-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company rosy and shall be executed in the aame and on behalf of the Company,
either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President. jointly with the
Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engaved, printed or lithographed The signature of each
of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any exrtificate relating thereto appointing
Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory is the snare thereof orad, unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such bcsimikr signature or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any bond or undertaking to which it is validly attached
RESOLVED, that Attorney(s}in-Faa shall have the power and authority, unless subsequently revoked and. in any ase, subject to the terms and limitations
of the Power of Attorney issued to them to execute and deliver on behalf of the Company and to attach the sal of the Company to any and all bonds and undertakings.
and other writings obligatory in the nature thereof: and any such instnument executed by itch Attomey(s}in-Faat shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
1. Paul D. Sims , an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY.
do hereby certify that the foregoing is a true excerpt h oro the Resolution of the said Company as adopted by its Bard of Directors on September 24. 1992 and that this
Resolution is in full force and effect
1, the undersigned Assistant Secretary of the UNTIED STATES FIDELITY AND GUARANTY COMPANY do hereby certify that the foregoing Power of
Attorney is in full force and effect and has not been revoked
In Testimony Whereof. I have hereunto act my band and the seal of STATES FIDElSIY AND GUARANTY COMPANY on this 29thday
of D2CelilbPx - 19 94
�atb Lt�/�
„ 49d ....................•....... Asxisaret
aeSexaty
!a�
FS 3 (10-92)
..
i
l,[N[TED STATES
FIDE ARANTY COMPANY
.
BID BOND
BONDNUMBER .»............„„.»....»............„ ............... „.................... „......
KNOW ALL MEN BY THESE PRESENTS:
THAT ........... P?la'r Construction Co. , Inc. dba Pharr & Company
................ „........................... „......................... „.......................................... of ........„Lubbock, ... Texas
..................
..............................................................„„......................................„.....»......».„..»...............»„......... as Principal , and UNITED STATES FIDELITY AND
GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto...».„........„„..............„„„,„...„.„......„.„....„......„.„.„.„..„.
..........................Q-t—V...4?f ...........................„.
as Obligee, in the full and just sum d ... „„..F.ZSIE...pERC=.,AE„BWLILVT,,,&IEL»gY.pgI11TCIPAI „.-.-.--.-,
....................... ............. ..... „.„....... ... ............ „....-------15� of Bid)-
............„ ......„................. „-.»- ... -„............... ».... „..... —„.................................. Dollars,
lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the said Principal is herewith submitting Its proposal
Underground Storage Tank Removal, Bid #13111, Project #304-9211
THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the
time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of
the contract, then this obligation to be void•, otherwise the Principal and Surety will pay unto the Obligee the difference in money between
the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work
if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof.
Signed, sealed and delivered ..... „... 1.2=29-94 ... »„...... „.........
(Date)
.................„....„....»....
U
l[:i7;F:its.\WllfiF:tii":'�5:, /;iii4.+,\W!i11=i?SL•.,+f
Contract 11 (Revised) (1-74)
Pharr ConstructionCo. , Inc. dba Pha
.Zp!r.„..»..„„........».».»»............(SUD
n R.
Pharr, Vice—President
UNITED TES FIDELITY AND GUARANTY COMPANY
Staci Gross Attorney -M -fact
k
PAYMENT BOND
BOND CHECK
BEST RATING _
LICENSEDYN
DAT��9��
BY
i
UNITED STATES FI
STATE OF TEXAS
F�pELIrY,�y�
DELI N UARANTY COMPANY
(A StOck o pany)
TEXAS STATUTORY PAYMENT BOND
(Penalty of thls bond must be l00% of Contract amount)
COUNTY OF LUBBOCK BOND NUMBER...Q1�O�,E$%29 8.
KNOW ALL MEN BY THESE PRESENTS:
That ... PharrConstruction.Co.f Inc. dba Pharr,& Company
....................................................................................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto ... City..of. Ltubb ak.................. . .... . .
........................................................................................................................
f• (hereinafter called the Obligee), in the penal sum of.. TWO, HUNDRED TWENTY, FOUR THOUSAND
_
ONE HUNDRED EIGHTY EIGHT AND NO/100------
; ...................................................................................... • ...................... Dollars
00 224,188• Q ............. ) for the payment of which sum well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the.. 9th
day of.. F?a?3F SKY ......... , 1 g, , 95 , a copy of which is hereto attached and made a part hereof, for
<: Bid #13111—Underground Storage Tank Removal
is NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided
for in said contract, then, this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond to all such claimants shall be determined in accordance
with the provisions thereof to the same extent as if it were copied at length herein.
i IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
r ==
......15th ........... day of .?AI?K .a ............. . 19.95
II
Contract 214 (Texas) (10.89]
Pharr t..?Sg W. ;�
• Q�i .\rQr.t ..IArr.. �1+JR . �k> x(Se
. ......�... IF ........................................ (Seal)
ohn Pharr, Vice—President
UNITED S TES FlDE.ITY AND GUARANTY COMPANY
�••.............**—*....(Seal)
�Sci:Gross Anomey Irrfaa
UNITED STATES FIDELITY AND GUARANTY COMPANY
POWER OF ATTORNEY
NO.108_ 673
986898
U S F+G�
KNOW ALL MEN BY THESE PRESENTS: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organised and existing
under the laws of the State of Maryland and having its principal office at the City of Bakimoa, in the State of Maryland. does hereby constitute and appoint
Donal Boley, Steve Deal, Laura Espinoza and Staci Gross
of the city of Wichita Falls . state of Texas its true and lawful Anomey(s}in-Fact, each in their separate
capacity if more than one is named above, to sign its name as nutty to, and to execute, seal and aciaowledge any and all bonds. undettaUngs, contracts and other
written instruments in the nature thereof an behalf of the Company in its business of guuaateeiag the fidelity ofpetsnas; guaranteeing the performance of contracts;
and execrating or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereo& the said UNITED STATES FIDELTIY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal,
duly attested by the signatures of its Senior Via President and Assistant Secretary, this 5th day of August , A.D. 19 94.
UNITED STATES FIDELITY AND GUARANTY COMPANY
` rmsar'� (Sigma) By...........
Senior Via Prxident
4f11 Si ......... � ..
( fined) By. ...... ... ..........................
Assistant Secretary
STATE OF MARYLAND)
SS:
BALTIMORE CITY )
Onthis 5th day of August ,A.D.19 94 ,beforsmepersomltyeame Robert J. Lamendola
Senior Vice President of the UNITED STATES FMELnY AND GUARANTY COMPANY and Paul D ..Sims .Assistant
Secretary of said Company. with both of whom i am personally acquainted, who being by: me seveally duly sworn, asi t that they. the said Robert J.
Lamendola and Paul D. Sims were respectively the Scnipr Vice President and the Assistant Secretary of
the said UNITED SPATES FIDELITY AND GUARANTY COMPANY, the corporation described in and winch executed the foregoing Power of Attorney; that they
each knew the seal of said corporation; that the seal affixed to aid Power of Attorney was such corporate seal, that it was so affixed by order of the Board of Directors
of said corporation. and that they signed their names thereto by like order as Senior Vice President and Assistant Secrdn y, respectively, of the Company.
My Commission expire: the 11th day ie .March A.11'19 955 _. A_ •
!�
e
(Signed)NOTARY PUBLIC
,.�
This Power of Attorney is granted under and by authority ofthe following Resolutions adopted by the Board of Directors of the UNITED STATES
rFIDEESIY AND GUARANTY COMPANY on September 24,1992:
RESOLVED, that in connection with the fidelity and surety insurance business ofthe Company, all bonds, undertakings. contracts sad other instruments
relating to said business may be signed. executed, and acknowledged by persons or eatities appointed as Attomey(s)-in-Fact pursuant io a Power of Attorney issued in
accordance with these resolutions. Said Power(s) of Attorney for and on behalf of the Company may and shall be exeasted in the same and on behalf of the Company,
7 either by the Chairman, or the President, or an Executive Vice President. or a Senior Vice President, or a Vice President or an Assistant Vice President, jointly with the
Secretary *ran Assistant Secretary. undertheir respective designations. The signature of such ours maybe engmvai, printed or lithographed. The signatt of each
of the foregoing officers and the seal of the Company may be affeced by facsimile to any Power of Attorney or to any certificate relating thereto appointing
Attomey(s}in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the aanas thereof: and. unless subsequently
revoked and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile: signature or ficsimile seal shall be valid and
binding upon the Company and any such power se executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company
with respect to any hood or unde:taldng to which it is validly attached
RESOLVED, that Attomey(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations
�,.. of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and unde:takiags.
and other writings obligatory in the nature theteot and any such instrument executed by such Attomey(s) in -Fact shall be as binding upon the Company as if signed by
an Executive Officer and sealed and attested to by the Secretary of the Company.
L Paul D. Sims , an Assistant Secretary ofthe UNITED STATES FIDELITY AND GUARANTY COMPANY.
1r^ do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Bowl of Directors on September 24, 1992 and that this
Resolution is in full force and effect
L the undersigned Assistant Secretary of the UNrMD STATES FID131TY AND GUARANTY COMPANY do hereby Cc* that the foregoing Power of
Attorney is in full force and effect and has not been revoked.
In Testimony Whereof. I have hereunto ad my hand and the sad ;tTI7 FIDIISIY AND GUARANTY COMPANY on this15t21 day
of February .19 95 ..i
n .............................................
f!f r � Aassadaat seceetasy
FS 3 (Ill -92)
PERFORMANCE BOND
BOND CHECK
BEST RATING
-
LICENSED IN •`'�
i
ow
UNITED STATES FI
...
TEXAS STATUTORY PERFORMANCE BOND
(Penalty of this bond must be 100% of Contract amount)
STATE OF TEXAS
COUNTY OF LUBBOCK BOND NUMBER ....11120].6872958....
KNOW ALL MEN BY THESE PRESENTS:
That.... Pharr Const ruction .04 r..1#t�- . .CQmp�Ay.................................
........................................................................................................................
(hereinafter called the Principal), as Principal, and UNITED STATES FIDELITY AND GUARANTY COMPANY,
a corporation organized under the laws of the State of Maryland, a Corporate Surety, authorized and admitted
to do business in the State of Texas and licensed by the State of Texas to execute bonds as Surety, (hereinafter
called the Surety), as Surety, are held and firmly bound unto .... City. o£.I;abbock.........................
........................................................................................................................
(hereinafter called the Obligee), in the penal sum of ... TWO. HUNDI�ED. T90247POUR THOUSAND
......................................
QNg
. HM.nU--. .Q . .A. ------- ..........................................Dollars
($
?24,.18.8..00 .......) for the payment of which sum well and truly to be made, bind ourselves,
...
our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the
9th ........day of ..l;OXVArY.......... 19 95...... , a copy of which is hereto attached and made a part
hereof, for Bid #13111 -Underground Storage Tank Removal
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall
faithfully perform the work in accordance with the plans, specifications and contract documents, then this
r
obligation shall be void; otherwise to remain in full force and effect.
7 PROVIDED HOWEVER, that this bond is executed pursuant to the provisions of Article 5160, Revised
Civil Statutes of Texas and all liabilities on this bond shall be determined in accordance with the provisions
thereof to the same extent as if it were copied at length herein.
7
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this
r„ r=,. ............15th ..... day of February ............. . 19..95
G .... :. Construction o. , Inc. dba Pharr ( cor
. /..` ... P_'40401'
� e.. ....... .........................
(Seal)
J n Pharr, 0Ice-President
NITED STA FlDEUTY AND GUARANTY COMPANY
B ,
. ......................... (Seal)
Staci s Attorney -In -fact
IE'31,• 11.1.Wi/t,`[::SiS.wi".Jf/if:ii.,'wYlt/(j):;�k�,,y,�;,
Contract 213 (Texas) (10-89)
CERTIFICATE OF INSURANCE
..
�I 1
rr:.�rh.• • r
rfffA'ri% J'
rY1F1hYFFfr F
R^R,CER Jl. ffAl:}'riff.-i.J ii.. r.
Boley Featherston Insurance
. 0. Drawer ZO _
Wichita Falls TX 76307
BOLEY FEATHERSTON INSURANCE
17-723-7111
INSURED
,� .: ..� fF - -.... •?: j:f ,+.::i: ${.:•;'j:{i kp i=1i[f !' •:F f---. \:: DATE WDWM
PHARR CONSTRUCTION COMPANY INC
. DBA PHARR AND COMPANY
4„ P 0 BOX 2791
I LUBBOCK TX 79408
Wal
I n1s cart r IrICATE IS ISSUED AS A MATTER OF INFORMATIOA
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANY
A
COMPANY
B
COMPANY
C
COMPANY
D
TRINITY UNIVERSAL INSURANCE CO
TX WORKERS COMP INSURANCE FUND
NORTHBROOK PROPERTY A CASUALTY
PROPENTYDAh4ACiE _
AUTOONLY-EAAOC CENT 6
ANYALnD amF1 THAN A= q&Y:
EACH ACCIDENT 6
AGGREGATE 6
EACH OCCURRENCE 61 000 000.
A X tA148F1E1JAFORI4 U09827712 11/01/94 11/01/95 AGGREGATE :
THIS IS TO CERTIFYIMT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD h•
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYT HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
W -TSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECnVE
DATE (MN/DWM
POLICY EVIRATION
DATE (MU/DWM
UMils
WORKERS COMPEMVION AND
A
GDtZFALt1AEdIUTY
X coMME a
CLAIMS
TXP9827710
11/01/94
11/01/95 `
GENERALAGGREGATE $2,000,000
PaoDwm-ooMProPAGG t2,000,000
PERSONAL a ADV INJURY 61, 000.000
I A
X OwNERs&CC*m ACTOR`SPROT
BINDER**CITY OF LUBBOCK
02/15/95
11/01/95
EACH OCCURRENCE $1,000,000
FIRE DAMAGE (Miy one ttrel i 50,000
-POLICY LIMIT $500,000
DISEASE - EACH EMPLOYEE $500,000
BUILDERS RISK
72327572
11/01/94
11/01/95
750,000 JOB
MED EXP (My one person) 6 5,000
REPORTING FORM
AUTON081LE
uaEitiTY
-�
rl'
,,,,A
X
ANYAM
TCA9827711
11/01/94
11/01/95
COMEANEDSINGLE LM4rr 61,000,000
ALiOWNEDAUTaS
_
X
SCHE=ILEDAUTOS ,, .
WREDAIlrOEi '
BODILY NJ.RIRY
Q'e� Fs�N
X
NOWOWNEDAUMS
ax i
PROPENTYDAh4ACiE _
AUTOONLY-EAAOC CENT 6
ANYALnD amF1 THAN A= q&Y:
EACH ACCIDENT 6
AGGREGATE 6
EACH OCCURRENCE 61 000 000.
A X tA148F1E1JAFORI4 U09827712 11/01/94 11/01/95 AGGREGATE :
,*
..................
CITY OF LUBBOCK
P 0 BOX 2000
LUBBOCK TX 79457
CCUItENCE/$500,000
ER•ABOVEGGRETE
POLICIES VITH THE
vrrTrwr41ARHRELLA FORM
6
WORKERS COMPEMVION AND
EMPLOYERS' LIAB[LliY
ETATUfORY LN.11T5 ......................................,.
EAC+ACC$500,000
`
THEPRoSADMCy MOILTSF114395
P
11/01/94
11/01/95
DISEASE
OFFK)ERS ARE: E)CL
OTHER
-POLICY LIMIT $500,000
DISEASE - EACH EMPLOYEE $500,000
BUILDERS RISK
72327572
11/01/94
11/01/95
750,000 JOB
REPORTING FORM
1.500.000 CAT
,*
..................
CITY OF LUBBOCK
P 0 BOX 2000
LUBBOCK TX 79457
CCUItENCE/$500,000
ER•ABOVEGGRETE
POLICIES VITH THE
I
pop
J
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f;
a..
c
i
CONTRACT
I
r
L ,
1 ,
i
7
7
CONTRACT
STATE OF TEXAS
COUNTY OF LUBBOCK
THIS AGREEMENT, made and entered into this 9th day of FEBRUARY. 1995, by and between the City of Lubbock,
County of Lubbock, State of Texas, acting by and through David R. Langston, Mayor, thereunto authorized to do so, hereinafter
referred to as OWNER, and PHARR & COMPANY of the City of LUBBOCK County of LUBBOCK and the State of TEXAS.
hereinafter termed CONTRACTOR
WIIMSSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed
by the OWNER and under the conditions expressed in the bond bearing even date herewith (if any) the CONTRACTOR hereby
agrees with OWNER to commence and complete the construction of certain improvements described as follows:
BID # 13111- UNDERGROUND STORAGE TANK REMOVAL FOR $224,188.00
and all extra work in connection therewith, under the terms as stated in the contract documents and at his (or their) own proper cost
and expense to furnish all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance and other accessories
and services necessary to complete the said construction in accordance with the contract documents as defined in the General
Condition of Agreement.
I The CONTRACTOR hereby agrees to commence work within ten days after the date written notice to do so shall have been given
to him and to substantially complete same within the time specified in the contract documents.
The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract in accordance with the
proposal submitted therefore, subject to additions and deductions, as provided in the contract documents and to make payment on
..account thereof as provided therein.
4
IN WITNESS WIIEREOF, the parties to these presents have executed this agreement in Lubbock, Lubbock County, Texas in the
Year and day first above written_
/
APPROVED AS TO CONTENT:
ATTEST:
Corporate Secretary
CONTRACTOP- (2O/H�Qh�
COMPLETE ADDRESS -
'V
0;?L //A)** Air
4L �.�
T,CQ 0
GENERAL AGREEMENT
` GENERAL CONDITIONS OF THE AGREEMENT
1. OWNER
1 Whenever the word Owner, or the expression Party of the First Part, or First Party, are used in this contract, it shall be
understood as referring to the City of Lubbock, Texas.
f 2. CONTRACTOR
Whenever the word Contractor, or the expression Party of the Second Part, or Second Party, is used, it shall be understood
to mean the person, persons, co -partnership or corporation, to -wit: PHARR & COMPANY who has agreed to perform the
work embraced in this contract, or to his or their legal representative.
3. OWNER'S REPRESENTATIVE
Whenever the word Owner's Representative or representative is used in this contract, it shall be understood as referring to
KEN OLSON, EMERGENCY PREPAREDNESS AND SPECIAL PROJECTS COORDINATO City of Lubbock,
under whose supervision these contract documents, including the plans and specifications, were prepared, and who will
inspect constructions; or to such other representative, supervisor, or inspector as
may be authorized by said Owner to act in
any particular under this agreement. Engineers, supervisor or inspectors will act for the Owner under the direction of
Owner's Representative, but shall not directly supervise the Contractor or men acting in behalf of the Contractor.
' 4. CONTRACT DOCUMENTS
The contract's documents shall consist of the Notice to Bidders, General Instructions to Bidders, Proposal, Signed
Agreement, Statutory Bonds (if required), General Conditions of the Agreement, Special Conditions of the Agreement (if
any), Specifications, Plans, Insurance Certificate, and all other documents made available to Bidder for his inspection in
accordance with the Notice to Bidders.
E.
S. INTERPRETATION OF PHRASES
Whenever the words "Directed," "Permitted," "Designated," "Required," "Considered Necessary," "Prescribed," or words of
like import are used, it shall be understood that the direction, requirement, permission, order, designation or prescription of
the Owner's Representative is intended, and similarly, the words "Approved," "Acceptable," "Satisfactory," or words of like
a import shall mean approved by or acceptable or satisfactory to the Owner's Representative.
6. SUBCONTRACTOR
The term Subcontractor, as employed herein, includes only those having a direct contract with the Contractor for
performance of work on the project contemplated by these contract documents. Owner shall have no responsibility to any
Subcontractor employed by Contractor for performance of work on the project contemplated by these contract documents,
but said Subcontractors will look exclusively to Contractor for any payments due Subcontractor.
7. WRITTEN NOTICE
Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm
or to an officer of the corporation for whom it is intended, or if delivered at or sent certified mail to the last business address
known to him who gives the notice.
8. WORK
Unless otherwise stipulated, the Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools,
superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the --
execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be
new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory
evidence as to the kind and quality of materials. Materials or work desmW in words which so applied have well known, _
technical or trade meaning shall be held to refer such recognized standards.
All work shall be done and all materials furnished in strict conformity with the contract documents.
SUBSTANTIALLY COMPLETED
The term "Substantially Completed" is meant that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but still may require minor —
miscellaneous work and adjustment.
10. LAYOUT —
Except as specifically provided herein, the Contractor shall be responsible for laying out all work and shall accomplish this
work in a manner acceptable to the Owner's Representative. The Owner's Representative will check the Contractor's layout
of all major structures and any other layout work done by the Contractor at Contractor's request, but this check does not
relieve the Contractor of the responsibility of correctly locating all work in accordance with the Plans and Specifications.
11. KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE —
The Contractor shall be furnished with one copies of all Plans, Profiles and Specifications without expense to him and he
shall keep one copy of same consistently accessible on the job site. —
12. RIGHT OF ENTRY
The Owner's Representative may make periodic visits to the site to observe the progress of quality of the executed work and
to determine, in general, if the work is proceeding in accordance with the contract documents. He will not be required to
make exhaustive or continuous onsite inspections to check the quality or quantity of the work, nor will he be responsible for
the construction means, methods, techniques, sequences or procedures, or the safety precautions incident thereto. His —
efforts will be directed towards providing assurances for the Owner that the completed project will conform to the
requirements of the contract documents, but he will not be responsible for the Contractor's failure to perform the work in
accordance with the Contract Documents. On the basis of his onsite observations, he will keep the Owner informed of the —
progress of the work and will endeavor to guard the Owner against defects and deficiencies in the work of the Contractor.
13. LINES AND GRADES
All lines and grades shall be furnished by the Owner's Representative whenever necessary for the commencement of the
work contemplated by these contract documents or the completion of the work contemplated by these contract documents.
Whenever necessary, Contractor shall suspend his work in order to permit Owner's Representative to comply with this
requirement, but such suspension will be as brief as practical and Contractor shall be allowed no extra compensation
therefore. The Contractor shall give the Owner's Representative ample notice of the time and place where lines and grades
will be needed. All stakes, marks, etc., shall be carefuiiy preserved by the Contractor, and in case of careless destruction or
removal by him, his Subcontractors, or his employees, such stakes, marks, etc., shall be replaced by the owner's
Representative at Contractor's expense.
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the Owner's Representative
shall review all work included herein. He has the authority to stop the work whenever such stoppage may be necessary to
insure the proper execution of the contract. In order to permit delays and disputes and to discourage litigation, it is further
agreed that the Owner's Representative shall, in all cases, determine the amounts and quantities of the several kinds of work
which are to be paid for under this contract. He shall determine all questions in relation to said work and the construction
thereof; and shall, in all cases, decide every question which may arise relative to the execution of this contract on the part of
said Contractor. The Owner's Representatives's estimates and findings shall be conditions precedent to the right of the
Parties hereto to arbitration or to any action on the contract, and to any rights of the Contractor to receive any money under
this contract; provided, however, that should Owner's Representative render any decision, or give any direction, which in the
opinion of either party hereto, is not in accordance with the meaning and intent of this contract, either party may file with
said Owner's Representative within 30 days his written objection to the decision or direction so rendered, and by such action
may reserve the right to submit the questions so raised to arbitration as hereinafter provic'led. It is the intent of this
Agreement that there shall be no delay in the execution of the work, therefore, written decisions or direction of the Owner's
Representative as rendered shall be promptly carried out, and any claim arising therefrom shall be thereafter adjusted to
arbitration as hereinafter provided.
The Owner's Representative shall, within a reasonable time, render and deliver to both the Owner and the Contractor a
written decision on all claims of the parties hereto and on all questions which may arise relative to the execution of the work
or the interpretation of the contract, specifications and plans. Should the Owner's Representative fail to make such decision
within a reasonable time, an appeal to arbitration may be taken as if his decision had been rendered against the party
appealing.
15. E ERMENDENCE AND INSPECTION
It is agreed by the Contractor that the Owner's Representative shall be and is hereby authorized to appoint from tinie to time
such subordinate engineers, supervisors, or inspectors as the said Owner's Representative may deem proper to inspect the
materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is
done in accordance with the specifications therefore. The Contractor shall furnish all reasonable aid and assistance
required by the subordinate engineers, supervisors or inspectors for the proper inspection and examination of the work. The
Contractor shall regard and obey the directions and instructions of any subordinate engineers, supervisors or inspectors so
appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying
plans and specifications provided, however, should the Contractor object to any orders by any subordinate engineer,
supervisor or inspector, the Contractor may within six (6) days make written appeal to the Owner's Representative for his
decision.
16. CONTRACTOR'S DUTY AND SUPERINTENDENCE
"~ The Contractor shall
give personal attention to the faithful prosecution and completion of this contract and shall keep on the
work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to Owner's
Representative. The superintendent shall represent the Contractor in his absence and all directions given to him shall be
binding as if given to the Contractor. Adequate supervision by competent and reasonable representatives of the Contractor
is essential to the proper performance of the work and lack of such
of the Contractor. supervision shall be grounds for suspending operations
'
The work, from its commencement to completion, shall be under the exclusive charge and control of the Contractor and all
risk in connection therewith shall be borne by the Contractor.
The Owner or Owner's Representatives will not be responsible for the acts or omissions of the Contractor, or any
subcontractors, or any of his agents or employees, or any other persons performing any of the work,
17. CONTRACTOR'S UNDERSTANDING
It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature and location of
the work, the confirmation of the ground, the character, quality and quantity of materials to be encountered, the character of
equipment and facilities needed preliminary to and during the prosecution of the work, and the general and local conditions,
and all other matters which in any way effect the work under this contract No verbal agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of this contract, shall effect or modify any of
the terms or obligations herein contained.
18. CHARACTER OF WORT EN
The Contractor agrees to employ only orderly and competent men, skillful in the performance in the type of work required
under this contract, to do the work, and agrees that whenever the Owner's Representative shall inform him in writing that
any man or men on the work, are, in his opinion, incompetent, unfaithful, or disorderly, such man or men shall be
discharged from the work and shall not again be employed on the work without the Owner's Representative's written
consent.
19. CONSTRUCTION PLANT
The Contractor shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and
completion of this contract where it is not otherwise specifically provided that Owner shall furnish same, and it is also
understood that Owner shall not be held responsible for the care, preservation, conservation, or protection of any materials,
tools, equipment or machinery or any part of the work until it is finally completed and accepted.
The building of structures for the housing of men or equipment will be permitted only at such places as the Owner's
Representative shall direct, and the sanitary conditions of the grounds in or about such structure shall at all times be
maintained in a manner satisfactory to the Owner's Representative.
20. SANITATION
Necessary sanitary conveniences for the use of laborers on the work site, properly secluded from public observation, shall be
constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Owner's
Representative and their use shall be strictly enforced.
21. OBSERVATION AND TESTING
The Owner or Owner's Representative shall have the right at all reasonable times to observe and test the work. Contractor
shall make necessary arrangements and provide proper facilities and access for such observation and testing at any location
wherever work is in preparation or progress. Contractor shall ascertain the scope of any observation which may be
contemplated by Owner or Owner's Representative and shall give ample notice as to the time each part of the work will be
ready for such observation. Owner or Owner's Representative may reject any work found to be defective or not in
accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such
errors and regardless of whether Owner's Observer has previously accepted the work through oversight or otherwise. If any
work should be covered without approval or consent of the Owner, it must, if requested by Owner or Owner's
Representative, be uncovered for examination at Contractor's expense. In the event that any part of the work is being
fabricated or manufactured at a location where it is not convenient for Owner or Owner's Representative to make
observations of such work or require testing of said work, then in such event Owner or Owner's Representative may require
Contractor to furnish Owner or Owner's Representative certificates of inspection, testing or approval made by persons
competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such
tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
L
dI
If any work which is required to be inspected, tested, or approved is covered up without written approval or consent of the
Owner or Owner's Representative, it must, if requested by the Owner or Owner's Representative, be uncovered for
observation and testing at the Contractor's expense. The cost of all such inspections, tests and approvals shall be borne by
the Contractor unless otherwise provided herein. Any work which fails to meet the requirements of any such tests,
inspections or approval, and any work which meets the requirements of any such tests or approval but does not meet the
requirements of the contract documents shall be considered defective. Such defective work shall be corrected at the
Contractor's expense.
Neither observations by the Owner or Owner's Representative, nor inspections, tests, or approvals made by Owner, Owner's
Representative, or other persons authorized under this agreement to make such inspections, tests, or approvals shall relieve
the Contractor from his obligation to perform the work in accordance with the requirements of the contract documents.
r 22. DEFECTS AND THEIR REMEDIES
It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or
selected for the same, shall be deemed by the Owner or Owners' Representative as unsuitable or not in with
plans, specification and contract documents, the Contractor shall, after receipt of written notice thereof from the Owner's
Representative, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full
accordance with this contract. It is further agreed that any remedial action contemplated as hereinabove set forth shall be at
Contractor's expense.
23. CHANGES AND ALTERATIONS
The Contractor further agrees that the Owner may make such changes and alterations as the Owner may see fit, in the line,
grade, form dimensions, plans or or materials for the work herein contemplated, or any part thereof, either before or after
the beginning of the construction, without affecting the validity of this contract and the accompanying bond.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for
damages, or anticipated profits on the work that may be dispensed with. If they increase the amount of work, and the
increased work can fairly be classified under the specifications, such increase shall be paid according to the quantity
actually done and at the unit price established for such work under this contract; otherwise such additional work shall be
paid for as provided under Extra Work. In case the Owner shall make such changes or alterations as shall make useless any
work already done or material already furnished or used in said work, then the Owner sh;-dl recompense the Contractor for
any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in
preparation for the work as originally planned.
24. EXTRA WORK
The term "extra work" as used in this contract shall be understood to mean and include all work that may be required by the
Owner or Owner's Representative to be done by the Contractor to accomplish any change, alteration or addition to the work
as shown on the plans and specifications or contract documents and not covered by Contractor's proposal, except as
provided under Changes and Alterations herein.
It is agreed that the Contractor shall perform all extra work under the direction of the Owner's Representative when
presented with a written work order signed by the Owner's Representative; subject, however, to the right of the Contractor
to require written confirmation of such extra work order by the Owner. It is also agreed that the compensation to be paid to
the Contractor for performing said extra work shall be determined by the following methods:
Method (A) - By agreed unit prices; or
Method (B) - By agreed lump sum; or
Method (C) - If neither Method (A) or Method (B) be agreed upon before the extra work is commenced, then
the Contractor shall be paid the actual field cost of the work, plus fifteen (159/6) per cent.
r
In the event said extra work be performed and paid for under Method (C), then the provisions of this paragraph shall apply
and the "actual field cost" is hereby defined to include the cost of all workmen, such as foremen, timekeepers, mechanics
and laborers, materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used
on such extra work, plus actual transportation charges necessarily incurred, together with all expenses incurred directly on
account of such extra work, including Social Security, Old Age Benefits, Maintenance Bonds, Public Liability and Property
Damage and Workmen's Compensation and all other insurances as may be required by law or ordinances or directed by the
Owner or Owner's Representative, or by them agreed to. Owner's Representative may direct the form in which accounts of
the actual field cost shall be kept and records of these accounts shall be made available to the Owner's Representative. The
Owner's Representative may also specify in writing, before the work commences, the method of doing the work and the type
and kind of machinery and equipment to be used; otherwise, these matters shall be determined by the Contractor. Unless
otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100%, unless
otherwise specified, of the latest Schedule of Equipment and Ownership Expenses adopted by the Associated General
Contractors of America. Where practical, the terms and prices for the use of machinery and equipment shall be
incorporated in the written extra work order. The fifteen percent (15%) of the actual field cost to be paid to Contractor shall
cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements
of cost and expense not embraced within the actual field cost as herein defined, save that where the Contractor's Camp or
Field Office must be maintained primarily on account of such Extra. Work, then the cost to maintain and operate the same
shall be included in the "actual field cost."
No claim for extra work of any kind will be allowed unless ordered in writing by Owner's Representative. In case any
orders or instructions appear to the Contractor to involve extra work for which he should receive compensation or an
adjustment in the construction time, he shall make written request to the Owner's Representative for a written order
authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or as to
the payment therefore, and the Owner's Representative insists upon its performance, the Contractor shall proceed with the
work after making written request for written order and shall keep adequate and accurate account of the actual field cost
thereof, as provided under Method (C). The Contractor will thereby preserve the right to submit the matter of payment to
arbitration as herein below provided.
25. DISCREPANCIES AND OMISSIONS
It is further agreed that it is the intent of this contract that all work described in the proposal, the specifications, plans and
other contract documents, is to be done for the prices quoted by the Contractor and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by
Owner's Representative. If the Contractor finds any discrepancies or omissions in these plans, specifications, or contract
documents, he should notify the Owners' Representative and obtain a clarification before the bids are received, and if no
such request is received by the Owner's Representative prior to the opening of bids, then it shall be considered that the
Contractor fully understands the work to be included and has provided sufficient sums in his proposal to complete the work
in accordance with these plans and specifications. It is further understood that any request for clarification must be
submitted no later than five days prior to the opening of bids.
26. RIGHT OF OWNER TO MODIFY METHODS AND EOUTMENT
If at any time the methods or equipment used by the Contractor are found to be inadequate to secure the quality of work
with the rate of -progress required under this contract, the Owner or Owner's Representative may order the Contractor in
writing to increase their safety or improve their character and efficiency and the Contractor shall comply with such order.
If, at any time, the working force of the Contractor is inadequate for securing the progress herein specified, the Contractor
shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of
compliance with the schedule of progress.
PM
27. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC
The Contractor shall take out and procure a policy or policies of Workmen's Compensation Insurance with an insurance
company licensed to transact business in the State of Texas, which policy shall comply with the Workmen's Compensation
laws of the State of Texas. The Contractor shall at all times exercise reasonable precaution for the safety of employees and
others on or near the work and shall comply with all applicable provisions of federal, state and municipal laws and building
and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of Associated General Contractors of America, except where incompatible
with federal, state or municipal laws or regulations. The Contractor, his sureties and hoirannce carriers shall defend,
indemnify and save harmless the Owner and all of its officers, agents and employees from all suits, actions, or claims of any
character whatsoever, brought for or on account of any injuries or damages received or sustained by any person or° ns
or property, on account of
any negligent actor fault of the Contractor or any subcontractor, their agents or employees, in the
execution and supervision of said contract, and the project which is the subject matter of this contract, on account of the
failure of Contractor or any subcontractor to provide necessary barricades, warning lights, or signs and will be required to
pay any judgment with costs which may be obtained against the Owner or any of its officers, agents, or employees including
attorney's fees.
The safety precautions taken shall be the sole responsibility of the Contractor, in his sole discretion as an Independent
Contractor, inclusion of this paragraph in the Agreement, as well as any notice which may be given by the Owners or the
Owner's Representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the
Contractor of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the
Contractor or any of his subcontractors.
28. CONTRACTOR'S INSURANCE
.. The Contractor shall procure and carry at his sole cost and expense through the life of this contract, insurance protection as
hereinafter specified. Coverage in excess of that specified herein also shall be acceptable. Such insurance shall be carried
With an insurance company authorized to transact business in the State of Texas and shall cover all operations in connection
.•. with this contract, whether performed by the Contractor or a' subcontractor, or separate policies shall be provided covering
the operation of each subcontractor. A certificate of insurance specifying each and all coverages shall be submitted prior to
contract execution.
A Comprehensive General Liability Insurance
The contractor shall have Comprehensive General Liability Insurance with limit., of $500.0oo Combined Single
Limit in the aggregate and per occurrence to include:
Premises and Operations
Explosion & Collapse Hazard
Underground Damage Hazard
Products & Completed Operations Hazard
Contractual Liability
Independent Contractors Coverage
Personal Injury (with exclusion "c" waived)
The City is to be named as an additional insured on thish this
1?0 'cy for . .specific job, and Dopy of the endorsement
` doing so is to be attached to the Certificate of Insurance.
B. Owner's Protective or Contingent Public Liability Insurance and Property Damage Liability Insurance.
The Contractor shall obtain an Owner's Protective or Contingent Public Liability Insurance policy naming the City
of Lubbock as additional insured and the amount of such policy shall be as follows:
For bodily injuries, including accidental death and or property damage, $500.000 Combined Single Limit. This
policy shall be submitted prior to contract execution.
C. Comprehensive Automobile Liability Insurance
The Contractor shall have Comprehensive Automobile Liability Insurance with limits of not less than,
Bodily Injury/Property Damage, $500.000 Combined Single Limit,
to include all owned and nonowned can including: Employers Nonownership Liability Hired and Nonowned
Vehicles. The City is to be named as an additional insured on this policy for this specific job and copy of the
endorsement doing so is to be attached to the Certificate of Insurance.
D. Builder's Risk Insurance
The Contractor shall obtain a Builder's Risk policy in the amount of 100% of the total contract price (I /o of
potential loss) naming the City of Lubbock as additional insured.
E. Umbrella Liability Insurance
The Contractor shall have Umbrella Liability Insurance in the amount of 51.000.000 on all contracts with coverage
to correspond with Comprehensive General Liability and Comprehensive Automobile Liability coverages.
F. Worker's Compensation and Employers Liability Insurance .
Worker's Compensation Insurance covering all employees whether employed by the Contractor or any
Subcontractor on the job with Employers Liability of at least $500.000
1. Definitions:
Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -
insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees
providing services on a project, for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the project until the
contractor'stperson's work on the project has been completed and accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 0406.096) - includes all persons or entities
performing all or part of the services the contractor has undertaken to perform on the project, regardless of
whether that person contracted directly with the contractor and regardless of whether that person has
employees. This includes, without limitation, independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes
persons to provide services on the project. "Services" include, without limitation, providing, hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related to a project
"Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
2. The contractor shall provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor
Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the
duration of the project.
3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded
the contract.
4. Uthe coverage period shown on the contractor's current certificate of coverage ends during the duration of
the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage
with the governmental entity showing that coverage has been extended.
S. The contractor shall obtain from each person providing services on the project, and provide to the
governmental entity:
(a) a certificate of coverage, prior to that person beginning work on the project, so the governmental
entity will have on file certificates of coverage showing coverage for all persons providing
services on the project; and
(b) no later than seven days after receipt by the contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage ends
during the duration of the project.
6 The contractor shall retain all required certificates of coverage for the duration of the project and for one
year thereafter.
7. The contractor shall notify the governmental entity in writing by certified mail or personal delivery,
within 10 days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
8. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the
Texas Workers' Compensation Commission, informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify coverage and report lack of coverage.
9. The contractor shall contractually require each person with whom it contracts to provide services on the
project, to:
(a) provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(b) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
(c) provide the contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(d) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
A
(f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the person knew or should have known, of any change that materially affects the provision
of coverage of any person providing services on the project; and
(g) contractually require each person with whom it contracts to perform as required by paragraphs
(1) - (7), with the certificates of coverage to be provided to the person for whom they are
providing services.
10. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is
representing to the governmental entity that all employees of the contractor who will provide services on
the project will be covered by workers's compensation coverage for the duration of the project, that the
coverage will be based on proper reporting of classification codes and payroll amounts, and that all
coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,
with the commission's Division of Self -Insurance Regulation. Providing false or misleading information
may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions.
11. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor
Which entitles the governmental entity to declare the contract void if the contractor does not remedy the
breach within ten days after receipt of notice of breach from the governmental entity.
Proof of Coverage
Before work on this contract is commenced, each Contractor and subcontractor shall submit to the Owner for
approval five Certificates of Insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the insurance
company setting forth:
(1) The name and address of the insured
(2) The location of the operations to which the insurance applies.
(3) The name of the policy and type or types of insurance in force thereunder on the date borne by such
certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such
certificate.
(5) A provision that the policy may be canceled only by mailing written notice to the named insured at the
address shown in the bid specifications.
(6) A provision that written notice shall be given to the City ten days prior to any change in or cancellation of
the policies shown on the certificate.
(7) The certificate or certificates shall be on the form (or identical copies thereof) contained in the job
specifications. No substitute of nor amendment thereto will be acceptable.
(8) If policy limits are paid, new policy must be secured for new coverage to complete project.
(9) A Contractor shall:
(a) provide coverage for its employees providing services on a project, for the duration of the project
based on proper reporting of classification codes and payroll amounts and filling of any coverage
agreements;
(b) provide a certificate of coverage showing workers' compensation coverage to the governmental
entity prior to beginning work on the Project;
(c) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's current
certificate of coverage ends during the duration of the project,
(d) obtain from each person providing services on a project, and provide to the governmental entity:
(i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(ii) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(e) retain all required certificates of coverage on file for the duration of the project and for one year
thereafter,
(1) notify the governmental entity in writing by certified mail or personal delivery, within 10 days
after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(g) post a notice on each project site informing all persons providing services on the project that they
are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text provided by the commission on
the sample notice, without any additional words or changes:
REQUIRED WORKERS' COMPENSATION COVERWE
"The law requires that each person working on this site or piroviding services related to this
construction project must be covered by workers' compensation insurance This includes
persons providing, hauling, or delivering equipment and materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee"
"Call the Texas Workers' Compensation Commission at 51214403789 to receive information
on the legal requirement for coverage, to verify whether youcr employer has provided the
required coverage, or to report an employer's failure to provide coverage " and
(h) contractually require each person with whom it contracts to provide services on a project, to:
(i) provide coverage based on proper reporting of classification oases and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the
project, for the duration of the project;
(ii) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(iii) include in all contracts to provide services on the project the language in subsection (e)
(3) of this rule;
(iv) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period. shown on the current _
certificate of coverage ends during the duration of the project;
(v) obtain from each other person with whom it contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the other person beginning work on the
Project; and
(2) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(vi) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter,
(vii) notify the governmental entity in writing by certified mail or personal delivery, within
10 days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
(viii) contractually require each other person with whom it contracts, to perform as required
by paragraphs (A) - (H), with the certificate of coverage to be provided to the person for
whom they are providing services.
29. DISABLED EMPLOYEES
Contractors having more than 15 employees agree to comply with the Americans with Disabilities Act of 1990, and agree
not to discriminate against a qualified individual with a disability because of the disability of such individual in regard to
job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and
other terms, conditions, and priviliges of employment.
30. PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS. MATERIALM M AND FURNISHERS OF
MACHINERY. EOUIPMENT AND SUPPLIES
The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of any demands of
subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment,
power tools, all suppliers, including commissary, incurred in the furtherance of the performance of this contract. When
Owner so desires, the Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated
have been paid, discharged or waived
If during the progress of the work, Contractor shall allow any indebtedness to accrue for work furnished by any of those
designated in the preceding paragraph and shall fail to pay and discharge any such indebtedness within five (5) days after
demand is made, then Owner may, during the period for which such indebtedness shall remain unpaid, withhold from the _
unpaid portion of this contract, a sum equal to the amount of such unpaid indebtedness or may apply the sum so withheld to
discharge any such indebtedness.
Any and all communications between any party under this paragraph must be in writing.
31. PROTECTION AGAINST ROYALTIES OR PATENT INVENTION
The contractor shall pay all royalties and license fees, and shall provide for the use of any design, device, material or
process covered by letters patent or copyright by suitable legal agreement with the Patentee or Owner thereof. The
Contractor shall defend all suits or claims for infringement of any patent or copyrights and shall indemnify and save the
Owner harmless from arty loss on account thereof, except that Owner shall defend all such suits and claims and shall be
responsible for all such loss when a particular design, device, material or process or the product of a particular manufacturer
or manufacturers is specified or required in these contract documents by Owner; provided, however, if choice of alternate
design, device, material or process is allowed to the Contractor, then Contractor shall indemnify and save Owner harmless
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from any loss on account thereof. If the material or process specified or required by Owner is an infringement, the
Contractor shall be responsible for such loss unless he promptly gives written notice to the Owner of such infringement.
k 32. LAWS AND ORDINANCES
The Contractor shall at all times observe and comply with all federal, state and local laws, ordinances and regulations,
! which in any manner effect the contract or the work, and shall indemnify and save harmless the Owner against any claims
arising from the violation of any such laws, ordinances, and regulations, whether by the Contractor or his employees. If the
Contractor observes that the plans and specifications are at variance therewith, he shall promptly notify the Owners'
Representative in writing and any necessary changes shall be adjusted as provided in the contract for changes in the work.
If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without
such notice to the Owner's Representative, he shall bear all costs arising therefrom.
r
The Owner is a municipal corporation of the State of Texas and the law from which it derives its powers, insofar as the
same regulates the objects for which, or the manner in which, or the conditions under which the Owner may enter into
•. contracts, shall be controlling, and shall be considered as part of this contract to the same effect as though embodied herein.
33. ASSIGNMENT AND SUBLETTING
The Contractor further agrees that he will retain personal control and will give his personal attention to the fulfillment of
this contract. The Contractor further agrees that subletting of any portion or feature of the work, or materials required in
the performance of this contract, shall not relieve the Contractor from his full obligations to the Owner, as provided by this
contractual agreement.
34. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
It is hereby understood and mutually agreed by and between the Contractor and the Owner, that the date of beginning and
time for completion as specified in the contract of work to be done hereunder are essential conditions of this contract; and it
is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
If the Contractor should neglect, fail, or refuse to complete the work within the time herein specified, or any proper
�... extension thereof granted by the Owner, then the Contractor does hereby agree as part of the consideration for the awarding
W of this contract, the Owner may withhold permanently from Contractor's total compensation, the sum of $100.00 (One
Hundred) PER DAY, not as a penalty, but as liquidated damages for the breach of the contract as herein set forth for each
and every calendar day that the Contractor shall be in default after the time stipulated for completing the work.
It is expressly understood and agreed, by and between Contractor and the Owner, that the time for the completion of the
work described herein is reasonable time for the completion of the same, taking into consideration the average climatic
change and conditions and usual industrial conditions prevailing in this locality.
x
The amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and
extreme difficulty in fixing and ascertaining actual damages the Owner would in such event sustain, and the amount is
agreed to be damages the Owner would sustain and shall be retained by the Owner from current periodical estimates for
payments or from final payment.
It is further agreed and understood between the Contractor and Owner that time is of the essence of this contract.
35. TIME AND ORDER OF COMPLETION
j It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the Contractor shall be
allowed to prosecute his work at such time and sessions, in such order of precedence, and in such manner as shall be most
conductive to economy of construction; provided, however, that the order and time of prosecution shall be such that the
work shall be substantially completed as a whole and in part, in accordance with this contract, the plans and specifications,
and within the time of completion designated in the proposals; provided, also, that when the Owner is having other work
done, either by contract or by his own force, the Owner's Representative may direct the time and manner of constructing
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work done under this contract so that conflicts will be avoided and the construction of the various works being done for the
Owner shall be harmonized.
The Contractor shall submit, at such times as may reasonably be requested by the Owner's Representative, schedules which
shall show the order in which the Contractor proposes to carry on the work, with dates at which the Contractor will start the
several parts of the work and estimated dates of completion of the several parts.
36. EXTENSION OF TIME
The Contractor agrees that he has submitted his proposal in full recognition of the time required for the completion of this
Project, ung into consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions of paragraph 33 hereinabove set forth and that he shall not be entitled to, nor
will he request, an extension of time on this contract, except when his work has been delayed by an act or neglect of the
Owner, Owner's Representative, employees of the Owner or other contractors employed by the owner, or by changes ordered
in the work, or by strike, walkouts, acts of God or the public enemy, fire or flood The Contractor may apply in writing for
an extension of time, .submitting therewith all written justification as may be required by Owner's Representative for suchan
extension as requested by Contractor. The Owner's Representative within ten (10) days after receipt of a written request for
an extension of time by the Contractor supported by all requested documentation shall then submit such written request to
the City Council of the City of Lubbock for their consideration. Should the Contractor disagree with the action of City
Council on granting an extension of time, such disagreement shall be settled by arbitration as hereinafter provided.
37. HINDRANCE AND DELAYS
In executing the contract agreement, the Contractor agrees that in undertaking to complete the work within the time herein
fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether
growing out of delays in securing material or workmen or otherwise. No charge shall be made by the Contractor for
hindrance or delays from any cause during the progress of any part of the work embraced in this contract except where the
work is stopped by order of the Owner or Owner's Representative for the Owner's convenience, in which event, such
expense as in the judgment of the Owner's Representative that is caused by such stoppage shall be paid by Owner to
Contractor.
38. QUANTITIES AND MEASUREMENTS
No extra or customary measurements of any kind will be allowed, but the actual measured or computed length, area, solid
contents, number and weight only shall be considered, unless otherwise specifically provided.In the event this contract is let
on a unit price basis, then Owner and Contractor agree that this contract, including the specifications, plans and other
contract documents are intended to show clearly all work to be done and material to be furnished hereunder. Where the
estimated quantities are shown for the various classes of work to be done and material to be furnished under this contract,
they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing their
proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to
be furnished under this contract may differ somewhat from these estimates, and that where the basis for payment under this
contract is the unit price method, payment shall be for the actual amount of work done and materials furnished on the
Project.
39. PROTECTION OF ADJOINING PROPERTY
The Contractor shall take proper means to protect the adjacent or adjoining property or properties in any way encountered,
which may be injured or seriously affected by any process of construction to be undertaken under this agreement, from any
damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on
account of his failure to fully protect all adjacent property. The Contractor agrees to indemnify, save and hold harmless the
Owner against any, claim or claims for damages due to any injury to any adjacent or adjoining property, arising or growing
out of the performance of this contract, but such indemnity shall not apply to any claim of any kind arising out of the
existence or character of the work.
40. PRICE FOR WORK
In consideration of the furnishing of all necessary labor, equipment and material and the completion of all work by the
Contractor, and on the delivery of all materials embraced in this contract in full conformity with the specifications and
stipulations herein contained, the Owner agrees to pay the Contractor the price set forth in the proposal attached hereto,
which has been made a part of this contract, and the Contractor hereby agrees to receive such price in full for furnishing all
materials and all labor required for the aforesaid work, also, for all expenses incurred by him and for well and truly
performing the same and the whole thereof in the manner and according to this agreement, the attached specifications,
plans, contract documents and requirements of Owner's Representative.
F
41. PAYMENTS
No payments made or certificates given shall be considered as conclusive evidence of the performance of the contract, either
wholly or in part, nor shall any certificate or payment be considered as acceptance of defective work. Contractor shall at
any time requested during the progress of the work furnish the Owner or Owner's Representative with a verifying certificate
.► showing the Contractor's total outstanding indebtedness in connection with the work. Before final payment is made,
Contractor shall satisfy Owner, by affidavit or otherwise, that there are no outstanding liens against Owner's premises by
reason of any work under the contract. Acceptance by Contractor of final payment of the contract price shall constitute a
waiver of all claims against Owner which have not theretofore been timely filed as provided in this contract.
C 42. PARTIAL PAYMENTS
On or before the tenth day of each month, the Contractor shall submit to Owner's Representative an application for partial
payment. Owner's Representative shall review said application for partial payment and the progress of the work made by
the Contractor and if found to be in order shall prepare a certificate for partial payment showing as completely as practical
the total value of the work done by the Contractor up to and including the last day of the preceding month; said statement
shall also include the value of all sound materials delivered on site of the work that are to be fabricated into the work
The Owner shall then pay the Contractor on or before the fifteenth day of the current month the total amount of the Owner's
Representative's Certificate of Partial Payment, less S% of the amount thereof, which S% shall be retained until final
payment, and further, less all previous payments and all further sums that may be retained by Owner under the terms of this
agreement. It is understood, however, that in case the whole work be near to completion, and this fact is certified to by
..� Owner's Representative and some unexpected and some unusual delay occurs due to no ficult or negligence on the part of the
i Contractor, the Owner may upon written recommendation of Owner's Representative pay a reasonable and equitable portion
of the retained percentage due Contractor.
43. FINAL COMPLETION AND ACCEPTANCE
Within thirty-one (3 1) days after the Contractor has given the Owner's Representative written notice that the work has been
completed or substantially completed, the Owner's Representative and the Owner shall inspect the work and within said
time, if the work be found to be completed or substantially completed in accordance with the contract documents, the
Owner's Representative shall issue to the Owner and Contractor his certificate of completion, and thereupon it shall be the
duty of the Owner within thirty-one (3 1) days to issue a certificate of acceptance of the work to the Contractor.
44. FINAL PAYMENT
r Upon the issuance of the certificate of completion, the Owner's Representative shall proceed to make final measurement and
prepare a final statement of the value of all work performed and materials furnished under the terms of the agreement, and
shall certify same to the Owner, who shall pay to the Contractor on or before the 31st day after the date of certificate of
completion, the balance due Contractor under the terms of this agreemem, provided he has fully performed his contractual
obligations under the terms of this contract; and said payment shall become due in any event upon said performance by the
Contractor. Neither the certificate of acceptance nor the final payment, nor any provisions in the contract documents shall
relieve the Contractor of the obligation for fulfillment of any warranty which may be required in the special conditions (if
j any) of this contract or required in the specifications made a part of this contract.
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45. CORRECTION OF WORK BEFORE FINAL PAYMENT FOR WORK
Contractor shall promptly remove from Owners' premises all materials condemned by the Owner's Representative on
account of failure to conform to the contract, whether actually incorporated in the work or not, and Contractor shall at his
own expense promptly replace such condemned materials with other materials conforming to the requirements of the
contract. Contractor shall also bear the expense of restoring all work of other contractors damaged by any such removal or
replacement. If Contractor does not remove and replace any such condemned work within a reasonable time after a written
notice by the Owner or the Owner's Representative, Owner may remove and replace it at Contractor's expense.
46. CORRECTION OF WORK AFTER FINAL PAYMENT
Neither the final payment nor certificate nor any provision in this contract shall relieve the Contractor of responsibility for
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other work
resulting therefrom, which shall appear within a period of one (1) year from the date of substantial completion. The Owner
or the Owner's Representative shall give notice of observed defects with reasonable promptness.
47. PAYMENT WITHIMLD
The Owner may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate to
such extent as may be necessary to protect himself from loss on account of
(a) Defective work not remedied.
(b) Claims filed or reasonable evidence indicating possible filing of claims.
(c) Failure of the .Contractor to make payments promptly to subcontractors or for materials or labor.
(d) Damage to another contractor.
When the above grounds are removed, or the Contractor provides a surety bond satisfactory to the Owner, which will
protect the Owner in the amount withheld, payment shall be made for amounts withheld because of them.
48. TIME OF FILING CLAIMS
It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the Contractor shall be in
writing and filed with the Owner's Representative within fifteen (15) days after the Owner's Representative has given any _
directions, order or instruction to which the Contractor desires to take exception. The Owners' Representative shall reply to
such written exceptions by the Contractor and render his final decision in writing. In case the Contractor should appeal
from the decision of the Owner's Representative, any demand for arbitration shall be filed with the Owner's Representative
and the Owner in writing within ten (10) days after the date of delivery to Contractor of the final decision of the Owner's "
Representative. It is further agreed that final acceptance of the work by the Owner and the acceptance by the Contractor of
the final payment shall be a bar to any claim by either party, except where noted otherwise in the contract documents.
49. ABANDONMENT BY CONTRACTOR
In case the Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from
the Owner or the Owner's Representative, or if the Contractor fails to comply with the orders of the Owner's Representative,
when such orders are consistent with this contract, this Agreement, or the Specifications hereto attached, then the Surety on
the bond shall be notified in writing and directed to complete the work and a copy of said notice shall be delivered to the
Contractor.
After receiving said notice of abandonment, the Contractor shall not remove from the work any machinery, equipment,
tools, materials or supplies then on the job, but the same, together with any materials and equipment under the contract for
work, may be held for use on the work by the Owner or the Surety of the Contractor, or another contractor, in completion of
the work; and the Contractor shall not receive any rental or credit therefore (except when used in connection with Extra
Work, where credit shall be allowed as provided for under paragraph 24 of this contract); it being understood that the use of
such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement.
In case the Surety should fail to eommenoe compliance with the notice for completion hereinbefore provided for within ten
(10) days after service of such notice, then the Owner may provide for completion of the work in either of the following
elective manners:
(a) The Owner may employ such force of men and use of machinery, equipment, tools, materials and supplies as said
Owner may deem necessary to complete the work and charge the expense of such labor, machinery, equipment,
tools, materials and supplies to said Contractor, and the expense so charged shall be deducted and paid by the
Owner out of such moneys as may be due, or that may thereafter at any time become due to the Contractor under
and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under
this contract, if the same had been completed by the Contractor, then said Contractor shall receive the difference.
In case such expense is greater than the sum which would have been payable under this contract, if the same had
been completed by said Contractor, then the Contractor and/or his Surety shall pay the amount of such excess to
the Owner, or
(b) The Owner, under sealed bids, after notice published as required by law, at least twice in a newspaper having a
general circulation in the County of location of the work, may let the contract for the completion of the work under
substantially the same terms and conditions which are provided in this contract. In case of any increase in cost to
the Owner under the new contract as compared to what would have been the cost under this contract, such increase
shall be charged to the Contractor and the Surety shall be and remain bound therefore. However, should the cost to
complete any such new contract prove to be less than that which would have been the cost to complete the work
under this contract, the Contractor or his Surety shall be credited therewith.
When the work shall have been substantially completed, the Contractor and his Surety shall be so notified and certificates of
completion and acceptance, as provided in paragraph 42 hereinabove set forth, shall be issued. A complete itemized
statement of the contract accounts, certified to by Owner's Representative as being correct shall then be prepared and
delivered to Contractor and his Surety, whereon the Contractor or his Surety, or the Owner as the case may be, shall pay the
balance due as reflected by said statement within 30 days after the date of certificate of completion.
In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the
cost to the Owner had the work been completed by the Contractor under the terms of this contract, or when the Contractor
and/or his Surety shall pay the balance shown to be due by them to the Owner, then all machinery, equipment, tools,
materials or supplies left on the site of the work shall be turned over to the Contractor and/or his Surety. Should the cost to
complete the work exceed the contract price, and the Contractor and/or his Surety fail to pay the amount due the Owner
within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the
site of the work, notice thereof; together with an itemized list of such equipment and materials shall be mailed to the
Contractor and his Surety at the respective addresses designated in this contract; provided, however, that actual written
notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be
held at the risk of the Contractor and his Surety subject only to the duty of the Owner to exercise ordinary care to protect
such property. After fifteen (15) days from the date of said notice the Owner may sell such machinery, equipment, tools,
materials or supplies and apply the net sum derived from such sale to the credit of the Contractor and his Surety. Such sale
may be made at either public or private sale, with or without notice, as the Owner may elect. The Owner shall release any
machinery, equipment, tools, materials, or supplies which remain on the *jobsite and belong to persons other than the
Contractor or his Surety, to their proper owners.
50. ABANDONMENT BY OWNER
In case the Owner shall fail to comply with the terms of this contract, and should fail or refuse to comply with said terms
within ten (10) days after written notification by the Contractor, then the Contractor may suspend or wholly abandon the
work, and may remove therefrom all machinery, tools, and equipment, and all materials on the ground that have not been
included in payments to the Contractor and have not been incorporated into the work. Thereupon, the Owners
Representative shall make an estimate of the total amount earned by the Contractor, which estimate shall include the value
of all work actually completed by said Contractor at the prices stated in the the attached proposal, the value of all partially
completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this contract, and a reasonable sum to cover the cost of any provisions made by the Contractor
to carry the whole work to completion, and which cannot be utilized. The Owner's Representative shall then make a final
statement of the balance due the Contractor by deducting from the above estimate all previous payments by the Owner and
"'" all other sums that may be retained by the Owner under the terms of this Agreement, and shall certify same to the Owner
who shall pay to the Contractor on or before thirty (30) days after the date of the notification by the Contractor the balance
shown by said final statement as due the Contractor, under the terms of this Agreement.
51. BONDS
The successful bidder shall be required to furnish a performance bond and payment bond in accordance with Article 5160,
Vernon's Annotated Civil Statutes in the amount of 1000% of the total contract price, in the event said contract price exceeds
$25,000.00. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All bonds, if
required, shall be submitted on forms supplied by the Owner, and executed by an approved Surety Company authorized to
do business in the' State of Texas. And it is further agreed that this contract shall not be in effect until such bonds are so
furnished.
52. SPECIAL COMMONS
53.
54.
55.
In the event special conditions are contained herein as part of the contract documents and said special conditions conflict
with any of the general conditions contained in this contract, then in such event the special conditions shall control.
LOSSES FROM NATURAL CAUSES
Unless otherwise specified herein, all loss or damage to the Contractor arising out of the nature of the work to be done, or
from the action of the elements, or from any unforeseen circumstance and the prosecution of the same, or from unusual
obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the
Contractor at his own cost and expense.
INDEPENDENT CONTRACTOR .
Contractor is, and shall remain, an independent contractor with full, complete and exclusive power and authority to direct,
supervise, and control his own employees and to determine the method of the performance of the work covered hereby. The
fact that the Owner or Owner's Representative shall have the right to observe Contractor's work during his performance and
to carry out the other prerogatives which are expressly reserved to and vested in the Owner or Owner's Representative
hereunder, is not intended to and shall not at any time change or effect the status of the Contractor as an independent
contractor with respect to either the Owner or Owner's Representative or to the Contractor's own employees or to any other
person, firm, or corporation
CLEANING UP
The Contractor shall at all times keep the premises free from accumulation of debris caused by the work, and at the
completion of the work he shall remove all such debris and also his tools, scaffolding, and surplus materials and shall leave
the work room clean or its equivalent. The work shall be left in good order and condition. In case of dispute Owner may
remove the debris and charge the cost to the Contractor.
POO
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CURRENT WAGE D-ETERINMATIONS
• new u� �ufl aGSUL
' January 8, 1987
Agenda Item #18
`! DGV:da
RESOLUTION
k WHEREAS, the City Council has heretofore established the general
prevailing rate of.per diem wages for each craft or type of workmen or
mechanics needed to execute public works contracts for the City of Lubbock
in accordance with the provisions of Vernon's Ann.Civ.St., Art. 5159a; and
WHEREAS, such wage rates were established by Resolution No. 719
° enacted February 12, 1981, updated by Resolution No. 1590 enacted February
..23, 1984; and
WHEREAS, such rates need to be updated at the present time in order
to reflect the current prevailing rate of per diem wages; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the general prevailing rate of per diem wages for public works
contracts shall be as set forth in the following named exhibits, which
exhibits shall be attached hereto and made a part hereof for all intents
and purposes:
Exhibit A: Building Construction Trades
Exhibit B: Paving and Highway Construction Trades
Exhibit C: Electrical Trades
Exhibit D: Overtime Rate
Exhibit E: Weekend and Holiday Rate
Such wage rates are hereby found and declared to be the general prevailing
rate of per diem wages in all localities where public works are undertaken
on behalf of the City of Lubbock and such wage rates shall be included in
all public works contracts as provided by law.
Passed by the City Council this 8th day of January
1987.
Ranettc�Boyd, City Secretary
APPROVED T
0kTENT:
:Bi 1 P yne, D rector of Building
Services
B.C. MCMINN, MAYOR
APPROVED AS TO FORM:
DOMI d G. Vandiver, First
Assistant City Attorney
EXHIBIT A
City of Lubbock
Building Construction Trades
Prevailing Rates.
Craft
Hourly Rate
Acoustical;Ceiling Installer
Air Conditioner. Installer
$11.60
Air Conditioner Installer -Helper
8.35 -
Bricklayer
5.50
Bricklayer -Helper
10.50
Carpenter
5.00
Carpenter -Helper
_
11.00
Cement Finisher
5.50
Drywall Hanger
7.35
Electrician =
8.70
Electrician -Helper
10.50
Equipment Operator -
5.25
Heavy
Light
8.00
Floor Installer
5.70
.Glazier
8.00
Insulator, Piping/Boiler
7.50
Insulator -Helper
9.50
Iron Worker
5.00
Laborer, General
7.30 --
Mortar Mixer
4.75
Painter
5.60
Plumber_ _
8.75
Plumber -Helper
9.25
Roofer
6.00
Roofer -Helper
7.65 _
Sheet Metal Worker
.4.75
Sheet Metal Worker -Helper
8.75
Welder - Certified
5.50
8.00 --
EXHIBIT B
Paving and Highway Construction
Prevailing Wage Rates
Craft
Asphalt Heaterman
Asphalt Shoveler
Concrete Finisher
Concrete Finisher -Helper
Electrician
Flagger
Form Setter
Form Setter -Helper
Laborer, General
Laborer, Utility
Mechanic
Mechanic -Helper
POWER EOUIPMENT OPERATORS
Asphalt Paving Machine
Bulldozer
Concrete Paving Machinist
Front End Loader
Heavy Equipment Operator
Light Equipment Operator
Motor Grade Operator.
Roller
Scraper
Tractor
Truck Driver -
Light
Heavy
Hourly Rate
$5.25
4.75
7.35
4.75
10.50
4.75
6.50
5.50
4.75
5.80
6.50
6.00
6.00
5.25
6.50
5.85
6.40
6.40
8.00
5.25
5.25
5.50
5.25
5.25
EXHIBIT C
Electric Construction Trades
Prevailing Wage Rates
Craft Hourlv Rate
Power Line Foreman x11.00
Lineman Journeyman 1
Lineman Apprentice Series 0 0.45
00
.90
Groundman Series 7.25
EXHIBIT D _
Prevailing Wage Rates
Overtime Rate'
The rate for overtime (in excess of forty hours,per week) is 1 1/2
times base rate.
EXHIBIT E
Prevailing Wage'Rates _
Weekend and Holiday Rate
The rate for weekend and holiday is,.l 1/2.times base rate. _
U
SPECIFICATIONS
C:� : �--� C.�.�� t.�_ i�._ : C.__ � C�.: t� �s: i__. L� [��� i_� �:�� L �..� i�.:LL_.:: L_� t�:�� C_ __W E�:r..
OWNER'S REPRESENTATIVE
The Owner's Representative for this
Emergency Preparedness and Special
Lubbock, Lubbock, Texas.
Construction Specifications
project will be Ken Olson,
Projects Coordinator, City of
It is expressly understood that Bidder shall act as an independent
contractor for the removal and disposition of underground storage
tanks described herein and hereby agrees to comply will all
applicable laws, statutes, rules, regulations, and Orders of the
United States Government and/or the State of Texas and/or any
political subdivision thereof, including, but not limited to, laws
and regulations and other conditions of employment, insurance,
licensing and workmen's compensation laws.
Removal of the following listed concrete with steel reinforcement
underground storage tanks shall consist of excavating, removing
and back filling. The Contractor shall also be responsible for
the transferring the concrete to a properly licensed disposal site
for proper disposal. A receipt/manifest from the licensed
disposal site shall be provided to the City of Lubbock along with
their invoice for payment of the work.
All concrete and soil analysis required by the Texas Natural
Resources Conservation Commission shall be included in the bid
proposal.
LOCATION SIZE OF TANK
HOLLY AVE POWER PLANT 37,009
3500 SLATON HWY
LP&L POWER PLANT NO. 1 107,712
5TH ST. & AVE J
LP&L POWER PLANT NO. 2 100,032
602 MUNICIPAL DRIVE
93,360
TYPE OF FUEL
DIESEL
DIESEL
DIESEL
DIESEL
NOTE: A 7 7 tanks wi 71 be cleaned and free from product!
No Text
OWNER'S REPRESENTATIVE
The Owner's Representative for this project will be Ken Olson,
Emergency Preparedness and Special Projects Coordinator, City of
Lubbock, Lubbock, Texas.
Construction Specifications
It is expressly understood that Bidder shall act as an independent
contractor for the removal and disposition of underground storage
tanks described herein and hereby agrees to comply will all
applicable laws, statutes, rules, regulations, and Orders of the
United States Government and/or the State of Texas and/or any
political subdivision thereof, including, but not limited to, laws
and regulations and other conditions of employment, insurance,
licensing and workmen's compensation laws.
Removal of the following listed steel underground storage tanks
shall consist of excavating, removing and back filling. The
Contractor shall also be responsible for the transferring the
tanks to a licensed tank dismantler for proper disposal. A
receipt from the licensed dismantler shall be provided to the City
of Lubbock along with their invoice for payment of the work.
All soil analysis required by the Texas Natural Resources
Conservation Commission shall be included in the bid proposal.
LOCATION
AIRPORT CFR TRAINING SITE
AIRPORT OPERATIONS
4 STEEL TANKS)
1 STEEL TANK
FIRE TRAINING ACADEMY
SIZE OF TANK
4.000 GAL
1,250 GAL
10,000 (EST)
5,000 (EST)
1,000
TYPE OF FUEL
DIESEL
GASOLINE
UNKNOWN
SOLVENT
DIESEL
HOLLY
AVE.
POWER
PLANT
15,311
DIESEL
NOTE:
A l l
tanks
wi l l be
cleaned and free
from product!
SPECIAL CONDITIONS
A
NOTICE OF ACCEPTANCE
TO:
The City of Lubbock, having considered the proposals submitted and opened on the day of
199, for work to be done and materials to be furnished in and for:
as set forth in detail in the Specifications, Plans, and Contract Documents for such work for the City of Lubbock; it appearing that
your proposal is fair, equitable and to the best interest of said City, please take notice that said proposal was accepted by the City
Council of the City of Lubbock on the day of 199 at the bid price contained therein, subject to the
execution of and furnishing of all contract documents, bonds, certificates of insurance, and all other documents specified and
required to be executed and furnished under the contract documents. It will be necessary for you to execute and furnish to the City of
Lubbock all such documents within ten (10) days from your receipt of this Notice.
The five percent (S%) bid security, submitted with your proposal, will be returned upon the execution of such contract
�.. documents and bonds within the above specified ten (10) day period. In the event you should fail to execute and fimush such
contract documents and bonds within the time limit specified, said bid security will be retained by the City of Lubbock.
1
CITY OF LUBBOCK
r
Owner's Representative
7